The Press in Northern Ireland is preparing to challenge three lifetime reporting bans granted to offenders who threatened self-harm or suicide if publicly identified. The move follows a High Court judgment in London in a case involving an individual identified as PPT against ITN and Guardian News and Media. In that ruling, Mr Justice Nicklin made clear that such threats did not, in themselves, provide a legal basis for restricting publication.

The judgment stated that the claims advanced did not provide a proper legal basis for restraining publication. It also noted that responsibility for the claimant's immediate safety rested with the psychiatric hospital and mental-health services.

The Press has raised similar arguments when challenging anonymity applications in Northern Ireland. While most reporting restrictions are lifted once proceedings conclude, three have been allowed to remain in place following judges' decisions, effectively granting defendants lifetime anonymity.

Until 2023, there were seven lifetime anonymity orders across the UK. Such orders are generally reserved for offenders considered to pose a risk to third parties because of the nature and notoriety of their crimes. None had been granted on the basis of threatened self-harm. The UK total increased to eight when a sex offender was sentenced to a Probation Order at Newry Crown Court. The individual had been granted anonymity during proceedings, and the Press applied to have the restriction removed following sentencing. The judge initially agreed but reversed the decision after the offender said through counsel that he would leave the court and immediately harm himself.

The Press warned at the time that the decision risked setting a dangerous precedent. It raised similar concerns in another case involving a sex offender before Antrim Crown Court. The Press again sought to have the reporting restriction removed at the conclusion of proceedings. As the defendant was being jailed, it argued imprisonment provided an important safeguarding measure. Its submission included Northern Ireland Prison Service procedures for dealing with prisoners expressing suicidal thoughts or intentions to self-harm. It also highlighted that there was no mechanism for maintaining the offender's anonymity within the prison environment. The judge ruled against the Press, stating: "People attempt suicide in prisons too."

The number of lifetime anonymity orders subsequently rose to 10 following a decision at Magherafelt Magistrates' Court where a woman who had reported poor mental health was granted anonymity. The case involved the woman damaging her former partner's car and was dealt with by way of a fine. The Press challenged the restriction following sentencing, and the matter was returned to court where the order was ultimately rescinded. This reduced the total to nine before a further case at Ballymena Magistrates' Court. A woman charged with assaulting multiple members of medical staff threatened to harm herself if she was publicly identified. The Press again sought to have the restriction lifted at sentencing, arguing that such a significant restriction on open justice should not be imposed because a defendant had threatened self-harm. The judge disagreed and ruled the order should remain, bringing the total back to 10.

The Press has argued that threats of self-harm or suicide can also feature in cases involving catfishing, domestic abuse and coercive control. It says such threats can raise similar concerns to blackmail, defined in section 21 of the Theft Act 1968 as an unwarranted demand with menaces. It has also questioned the repeated use of privately retained psychiatrists to prepare reports in support of anonymity applications. According to the Press, these assessments are rarely carried out by treating clinicians and frequently identify a risk of self-harm, but none has resulted in the defendant being referred for immediate inpatient assessment. The Press has further argued that clinicians assessing individuals privately for court proceedings, as well as those providing ongoing treatment, have safeguarding responsibilities under section 4 of the Mental Health (Northern Ireland) Order 1986 and General Medical Council guidance. It has also highlighted that Article 2 of the European Convention on Human Rights, which protects the right to life, places obligations on the state, and argues courts should ensure those obligations are fully upheld.

The Office of the Lady Chief Justice has been formally notified of the proposed challenge to the three lifetime reporting bans, and a response is awaited.